KISHAN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') relates to quashment of first information report, relating to registration of a case under Sections 406/498-A/109/114, Indian Penal Code. Police Station Shahabad, and, subsequent proceedings, including order of framing of charge passed by the Judicial Magistrate Ist Class, Kurukshetra on 1.9.1987, and, the order dated 14.7.1988 passed by the Additional Sessions Judge, Kurukshetra on revision.

(2.) IN brief the facts of the case relevant for the disposal of this petition, are, that Madhukar Sharma, son of petitioner No. 1 and 2 and brother of petitioner Nos. 3 to 5, was married to respondent No. 2 on 21.5.1985. Decree for divorce was passed on 12.1.1987. Respondent No. 2 filed a criminal complaint against there husband Madhukar Sharma, as well as, against the present petitioner, under Sections 406/498-A read with Sections 109/114, Indian Penal Code. According to the allegations in the said complaint, the articles of dowry (fully detailed in the annexure) were entrusted to all the accused at the time of the marriage, for the use of the complainant alone in the matrimonial home. Her husband, and, in his absence other accused, had been harassing and treating her with cruelty, for compelling her to bring more articles of dowry, such as T.V. and scooter. Madhukar Sharma changed his religion and became Muslim and he married one Sonia alias Sabnam on 5.5.1987. On the basis of the said complaint impugned first information report was registered on 25.9.1986 under the order dated 23.9.1986 of the Judicial Magistrate Ist Class, Kurukshetra. During investigation of the case, articles of dowry were, subsequently, recovered from the residence of Madhukar Sharma and handed over to respondent No. 2. The Judicial Magistrate then framed the charge against the petitioners, and, Madhukar Sharma, as detailed above.

(3.) THE application moved by the petitioners under Section 245 of the Code of Criminal Procedure was dismissed by the Magistrate vide his order dated 12.5.1988 (copy Annexure P.3). The revision filed against the said order was also dismissed by the Additional Sessions Judge, Kurukshetra on 14.7.1988, vide, his order Annexure P.4.